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1994 Supreme(SC) 555

J. S. VERMA, M. N. VENKATACHALIAH, S. P. BHARUCHA
Election Commission Of India – Appellant
Versus
All India Anna Dravida Mannetra Khazagam – Respondent


ORDER

l. This special leave petition arises out of and is directed against an interlocutory order dated 10-5-1994 of the High Court of Madras made in WMP No. 13629 of 1994 in WP No. 8973 of 1994.

2. In the said writ petition, a political party contesting the two bye-elections in the State assailed the constitutional validity of Order No. 3/8/94-J.S. II dated 13-1-1994, made by the Election Commission imposing certain restrictions on the duration for the use of loudspeakers mounted on mobile vehicles for the election campaigns. The relevant and operative part of the Commissions order which is in paragraph 3 reads :

"3. After considering all aspects of the matter, the Commissioner, in exercise of its powers conferred by Article 324 of the Constitution and all other powers enabling it in this behalf, hereby DIRECT that the use of loudspeakers at future elections shall be strictly regulated as follows :

(i) The use of loudspeakers fitted on vehicles of any kind whatsoever for electioneering purposes during the entire election period starting from the date of announcement of election and ending with the date of declaration of result shall be permitted only between 08.00 a.m. and 07.00 p.m.














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